SUDAN: TALKING POINTS FOR JUNE 5 BRIEFING BY ICC

UNCLAS STATE 057905

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM SU XA XW
SUBJECT: SUDAN: TALKING POINTS FOR JUNE 5 BRIEFING BY ICC
PROSECUTOR MORENO-OCAMPO


1. USUN may draw from the following talking points and
questions for the June 5 Security Council Briefing by the
International Criminal Court (ICC) Chief Prosecutor Luis
Moreno-Ocampo.

-- We would like to thank Chief Prosecutor Moreno-Ocampo for
his informative briefing today related to Security
Council resolution 1593 (2005). One point that is abundantly
clear from this briefing, and previous ones, is that the
Government of Sudan (GOS) has not fulfilled its obligation to
cooperate with the Court under resolution 1593, which is a
Chapter VII binding resolution, and the importance of which
was reiterated by the Council in our Presidential Statement
of June 16, 2008.

-- The United States, while not a member of the ICC, supports
the need to hold accountable those responsible for atrocities
in Darfur.

-- As the ICC report also notes, in response to the April
2007 arrest warrants issued against Ahmad Harun and Ali
Kushayb, the Government of Sudan not only allowed Harun to
continue to manage humanitarian matters, but on May 7, 2009,
promoted him to the critical position of Governor of South
Kordofan.

-- Furthermore, in the ICC Report Prosecutor Moreno-Ocampo
references remarks made by the Minister of State for Foreign
Affairs that Sudan "has managed to ignore all UNSC
resolutions with little repercussions as 'they amounted to
nothing but ink on paper.'"

-- On March 4, the Government of Sudan took deliberate steps
that have worsened the humanitarian situation in
Darfur by expelling thirteen international humanitarian aid
groups and closing three domestic aid organizations
endangering the access of millions to adequate food, water,
and health care. The United States is working closely with
the UN and international NGOs to address the humanitarian
shortfalls created by this decision. Special Envoy Gration
continues to press the Government of Sudan to fully restore
services and assistance to vulnerable populations in Darfur.
We have made it clear to the Government of Sudan that
anything short of meeting the full humanitarian needs of the
population is unacceptable.

-- We call on the Government of Sudan to quickly and fully
implement its obligations.

-- The United States notes that one leader of a Sudanese
rebel group being investigated by the Pre-Trial Chamber of
the ICC has appeared before the Court. We understand that
five rebel groups - the Sudan Liberation Army (SLA)/Abdel
Wahid; SLA/Abdul Shafie, SLA/Unity, United Resistance Front,
and Justice and Equality Movement -have affirmed their
intention to cooperate with the ICC even if individuals in
their ranks were sought by the Court. We urge these groups
to follow through with this commitment, and we encourage
other indictees to follow their lead.

-- The United States urges all parties to seriously engage in
peace talks led by the AU/UN Joint Chief Mediator for Darfur,
Djibril Bassol. In addition to the need for all parties to
the Darfur conflict to commit to a viable peace process and
to observe a true ceasefire, parties must recognize that
actions in Darfur will affect the stability of Sudan as a
whole.

-- We unequivocally support the pursuit of justice in
bringing those who have committed atrocities in Darfur to
account. We once again call upon the Government of Sudan to
fully implement resolution 1593. (If Article 16 is raised:
The United States does not support an Article 16 deferral.)

-- Does the Prosecutor have any further indication of rebel
intentions in regard to appearing before the ICC?

-- We would be interested to know when the Pre-Trial Chamber
plans to make public its decision with regard to the
remaining Applications that have been filed by the Prosecutor.
CLINTON